Criminal Procedure and Investigations Act 1996

20 Other statutory rules as to disclosure. E+W+N.I.

(1) A duty under any of the disclosure provisions shall not affect or be affected by any duty arising under any other enactment with regard to material to be provided to or by the accused or a person representing him; but this is subject to subsection (2).

(2) F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) [F2 The power to make Criminal Procedure Rules] includes power to make, with regard to any proceedings before a magistrates’ court which relate to an alleged offence, provision for—

(a) requiring any party to the proceedings to disclose to the other party or parties any expert evidence which he proposes to adduce in the proceedings;

(b) prohibiting a party who fails to comply in respect of any evidence with any requirement imposed by virtue of paragraph (a) from adducing that evidence without the leave of the court.

(4) Rules made by virtue of subsection (3)—

(a) may specify the kinds of expert evidence to which they apply;

(b) may exempt facts or matters of any description specified in the rules.

(5) For the purposes of this section—

(a) the disclosure provisions are [F3 sections 3 to 8] ;

(b) “enactment” includes an enactment comprised in subordinate legislation (which here has the same meaning as in the M1 Interpretation Act 1978).

Extent Information

E1 In its application to Northern Ireland, this section has effect subject to the modifications set out in Schedule 4; see s. 79

Textual Amendments

F1 S. 20(2) repealed (4.4.2005 for E.W. and 15.7.2005 for N.I.) by Criminal Justice Act 2003 (c. 44), ss. 331, 332, 336, Sch. 36 Pt. 3 para. 35(a), Sch. 37; S.I. 2005/950. {art. 2}, Sch.; S.I. 2005/1817, art. 2

F2 Words in s. 20(3) substituted (1.9.2004) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 378; S.I. 2004/2066, art. 2

F3 Words in s. 20(5)(a) substituted (4.4.2005 for E.W. and 15.7.2005 for N.I.) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 Pt. 3 para. 35(b); S.I. 2005/950, art. 2, Sch.; S.I. 2005/1817, art. 2

Modifications etc. (not altering text)

C1 S. 20(1) excluded (E.W.) (prosp.) by 1997 c. 39, ss. 9(2), 11(2)

Marginal Citations

M1 1978 c. 30.